Act of Parliament | |
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Long title | An Act to make provision about the registration of marriage; to make provision for the extension of civil partnerships to couples not of the same sex; to make provision for a report on the registration of pregnancy loss; to make provision about the investigation of still-births; and for connected purposes. |
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Citation | 2019 c. 12 |
Introduced by | Tim Loughton (Commons) Baroness Hodgson of Abinger (Lords) |
Territorial extent | England & Wales United Kingdom (Section 5) |
Dates | |
Royal assent | 26 March 2019 |
Commencement | 26 May 2019 |
Other legislation | |
Amends | Marriage Act 1949, Civil Partnership Act 2004, Births and Deaths Registration Act 1953, Marriage of British Subjects (Facilities) Act 1915, Marriage of British Subjects (Facilities) Act 1916 |
Relates to | Coroners and Justice Act 2009 Marriage (Same Sex Couples) Act 2013 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (c. 12) is an Act of Parliament of the United Kingdom which changes civil partnerships to include heterosexual couples, the way in which stillbirths are recorded and how a Coroner's inquest into stillbirths are conducted. [1]
This Act was created in response to the unanimous judgement of the Supreme Court of the United Kingdom in the case R (on the application of Steinfeld and Keidan) v Secretary of State for International Development in 2018 that ruled after the Marriage (Same Sex Couples) Act 2013, the Government was not justified in spending years reviewing the inequality between hetrosexual and homosexual couples in relation to civil partnerships. The court made a declaration of incompatibility based on Article 14 (prohibition on discrimination) and Article 8 (right to respect for private life) of the European Convention on Human Rights (ECHR) on the basis that the Civil Partnership Act 2004 discriminates against heterosexual couples by precluding them from entering into civil partnerships. [2] [3]
Before this Act, the Births and Deaths Registration Act 1953 required all still-births (where a baby is still-born after 24 weeks gestation) to be registered by a registrar. Parents of babies who were still-born receive a medical certificate certifying the still-birth and, upon registration, could register the baby's name and receive a certificate of registration of still-birth. When a pregnancy ended before 24 weeks gestation, however, there was no formal process for parents to legally register the loss. [4]
The Act has the following effects: [2]
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth. Depending on the jurisdiction, a record of birth might or might not contain verification of the event by a healthcare professional such as a midwife or doctor.
Stillbirth is typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life. A stillbirth can often result in the feeling of guilt or grief in the mother. The term is in contrast to miscarriage, which is an early pregnancy loss, and sudden infant death syndrome, where the baby dies a short time after being born alive.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.
Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.
A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as entered in an official register of deaths.
The General Register Office for England and Wales (GRO) is the section of the United Kingdom HM Passport Office responsible for the civil registration of births, adoptions, marriages, civil partnerships and deaths in England and Wales and for those same events outside the UK if they involve a UK citizen and qualify to be registered in various miscellaneous registers. With a small number of historic exceptions involving military personnel, it does not deal with records of such events occurring within the land or territorial waters of Scotland, Northern Ireland or the Republic of Ireland; those entities' registration systems have always been separate from England and Wales.
Same-sex marriage is legal in Aruba and Curaçao, which are constituent countries of the Kingdom of the Netherlands. The islands are obliged to conduct same-sex marriages following a ruling from the Supreme Court of the Netherlands on 12 July 2024. In September 2021, a lower court in Curaçao ruled that preventing same-sex couples from marrying violates the equality provisions of the Constitution of Curaçao, but left the decision of whether to legalise same-sex marriage up to the Parliament of Curaçao. In December 2022, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba ruled on appeal that Aruba's and Curaçao's same-sex marriage bans were unconstitutional. The court order was set to go into effect on 7 March 2023 if not appealed to the Supreme Court; however, the governments of both Curaçao and Aruba subsequently appealed. On 12 July 2024, the Supreme Court upheld the lower court ruling, effectively legalizing same-sex marriage in Aruba and Curaçao with immediate effect.
General Register Office or General Registry Office (GRO) is the name given to the civil registry in the United Kingdom, many other Commonwealth nations and Ireland. The GRO is the government agency responsible for the recording of vital records such as births, deaths, and marriages, which may also include adoptions, stillbirths, civil unions, etc., and historically, sometimes included records relating to deeds and other property transactions.
The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
In July 2004, the City of Sydney Council, led by Lord Mayor Clover Moore, introduced a re-working of the former South Sydney Council's Partnership Registration scheme, renaming it the City of Sydney Relationship Declaration Program. The Program is open to same-sex and opposite-sex couples.
A register office or The General Register Office, much more commonly but erroneously registry office, is a British government office where births, deaths, marriages, civil partnership, stillbirths and adoptions in England, Wales and Northern Ireland are registered. It is the licensed local of civil registry.
Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004. In September 2010, the Parliament of Tasmania approved legislation to recognize same-sex unions performed outside Tasmania as significant relationships.
The marriageable age is 16 with parental consent but 18 otherwise. Marriage must be between two otherwise unmarried people. If one of the parties wishing to marry is subject to immigration control, notice of marriage can only be given at a register office, which both parties must attend together. The UK Government was obliged, under the Northern Ireland Act 2019, to extend same-sex marriage to Northern Ireland by secondary legislation that took effect on 13 January 2020. Until then, same-sex marriages from other jurisdictions were treated as civil partnerships. Civil partnerships became available to same-sex couples in December 2005 and grant rights and responsibilities identical to civil marriage.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
The legal aspects of surrogacy in any particular jurisdiction tend to hinge on a few central questions:
The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBTQ people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria, New South Wales and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.
A civil, or registrar, ceremony is a non-religious legal marriage ceremony performed by a government official or functionary. In the United Kingdom, this person is typically called a registrar. In the United States, civil ceremonies may be performed by town, city, or county clerks, judges or justices of the peace, or others possessing the legal authority to support the marriage as the wedding officiant.
Civil registration in Australia of births, deaths and marriages as well other life events is carried out and maintained by each state and territory in Australia, in an office called a Registry of Births, Deaths and Marriages. It is compulsory in each jurisdiction, though the procedures and information recorded varies between jurisdictions. Access to information on the register is restricted by period or relationship, and is usually provided at a fee in the form of certificates. Nowadays, certificates can also be ordered online, and will be posted to the applicant, often with some delay.
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